Most people are familiar with the concept of prenuptial agreements. Prenuptial agreements are contracts that are entered into prior to marriage which set forth how property will be divided between the parties in the event of a divorce.
Even if a married couple has not entered into a prenuptial agreement, they can still enter into a contract while they are married to decide what happens in the event of a divorce. This type of contract is called a postnuptial agreement, and it is becoming more common. According to a recent poll of American Academy of Matrimonial Lawyers, more than half of divorce attorneys cited an increase in postnuptial agreements during the past three years.
Postnuptial agreements can cover a wide variety of issues, including possible conflicts over division of assets and debts, child custody, child support and spousal maintenance.
If a married couple later divorces in Arizona without an agreement, their divorce is decided based on Arizona community law principals. However, by entering into a prenuptial or postnuptial agreement, the parties can remove much of the uncertainty that accompanies a divorce.
Keep in mind that these kinds of agreements must be set up properly to be enforceable. You should contact a competent family law attorney to assist you with this.